38FJurisdictional requirement

38F Jurisdictional requirement

A person commits an offence under this Division only if one or more of the following paragraphs applies: (a) the conduct constituting the alleged offence occurs: (i) wholly or partly in Australia; or (ii) wholly or partly on board an Australian ship or an Australian aircraft; (b) at the time of the alleged offence, the person is an Australian citizen; (c) at the time of the alleged offence, the person is a stateless person whose habitual residence is in Australia; (d) the conduct is subject to the jurisdiction of another State Party to the Nuclear Terrorism Convention established in accordance with paragraph 1 or 2 of Article 9 of the Convention, and the person is in Australia; (e) the alleged offence is committed against a government facility of the Commonwealth, or of a State or Territory, that is located outside Australia; (f) the alleged offence is committed against: (i) an Australian citizen; or (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; (g) by engaging in the conduct constituting the alleged offence, the person intends to compel a legislative, executive or judicial institution of the Commonwealth, a State or a Territory to do or omit to do an act.

Note: A person commits an offence under this Division even if the conduct occurs in circumstances to which the Nuclear Terrorism Convention does not apply because of Article 3.